New York Eviction Process

Timeline. Evicting a tenant in New York can take around 1 – 5 months depending on the reason for the eviction. If tenants request an adjournment, the process can take longer (read more).

NOTE

Eviction procedures for New York City tenants and landlords may be different than those outlined below.

Below are the individual steps of the eviction process in New York.

Step 1: Notice is Posted

Landlords in New York can begin the eviction process for several reasons, including:

  1. Nonpayment of Rent – Once rent is past due, notice can be served to give the tenant the option to pay rent in order to avoid eviction.
  2. Violation of Lease Terms / Rental Agreement – If a tenant violates a provision of a written lease/rental agreement, the landlord must give the tenant the opportunity to correct the issue (if curable) before moving forward with the eviction process.
  3. No Lease / End of Lease Term (Tenant at Will) – If there is no lease or the term of the lease has ended, the landlord does not need any additional reason to end the tenancy as long as proper notice is given.
  4. Illegal Activity – Notice is not required to evict tenants who are engaged in illegal activity.
NOTES
  • Retaliatory Evictions. It is illegal for a landlord to evict a tenant for complaining to the landlord or to the appropriate local or government agency regarding the property. It is also illegal for a landlord to evict a tenant for joining, supporting, or organizing a tenant organization or union.
  • Evicting a Squatter. If the individual occupying the property did not have the permission of the landlord when initially moving in, then in New York, they must be given a 10-day Notice to Quit, after which an owner/landlord may proceed with the eviction process as with any other eviction.
    (read more).

Each possible ground for eviction has its own rules for how the process starts.

Eviction Process for Nonpayment of Rent

A New York landlord is allowed to evict a tenant for failing to pay rent on time.

According to New York law, rent is considered late the day after it’s due; grace periods (if any) are addressed in the lease/rental agreement.

Once rent is past due, the landlord must provide a 14-Day Notice to Pay if the landlord wants to file an eviction action with the court. This notice gives the tenant the option to pay the past due amount in full within 14 days in order to avoid eviction.

If the tenant does not pay the rent due by the end of the notice period and remains on the property, the landlord may proceed with the eviction process.

Eviction Process for Violation of Lease Terms / Rental Agreement

A tenant can be evicted in New York if they do not uphold their responsibilities under the terms of a written lease/rental agreement.

New York landlords must provide tenants with a 10-Day Notice to Comply giving the tenant 10 days to correct the issue in order to avoid eviction.

Typical lease violations under this category could include things like damaging the rental property, having too many people residing in the rental unit, and having a pet when there’s a no-pet policy.

If the tenant does not comply within the time on the notice, they must be given a second notice, the 30-Day Notice to Quit.

Note that illegal activity is not included in this category.

If the tenant remains on the property after the notice period expires on the 30-Day Notice to Quit, the landlord may proceed with the eviction process.

Eviction Process for No Lease / End of Lease

In the state of New York, if tenants “hold over,” or stay in the rental unit after the rental term has expired, then the landlord must give tenants notice before evicting them. This can include tenants without a written lease and week-to-week and month-to-month tenants.

Often this type of eviction applies to tenants who are at the end of their lease and the landlord simply doesn’t want to renew the lease.

The amount of notice required depends on the length of the tenancy/lease terms.

  • Leases/tenancies less than one year – 30 days’ notice is required.
  • Leases/tenancies more than one year/less than two years – 60 days’ notice is required.
  • Leases/tenancies more than two years –90 days’ notice is required.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Eviction Process for Illegal Activity

Landlords are not required to give tenants written notice prior to pursuing eviction for illegal activity, since most illegal activities void the lease.

Illegal activity can include , but is not limited to:

  • Illegal trade/manufacturing
  • Prostitution
  • Illegal business

Tenants involved in illegal activity don’t have the option to stay in the rental unit, even if they correct the violation.

If the tenant remains on the property after the notice period expires, the landlord may proceed with the eviction process.

Step 2: Petition is Filed and Served

As the next step in the eviction process, New York landlords must file a petition in the appropriate court. Filing fees vary depending on the type of eviction case and where the case is being filed.

The notice of petition and petition for eviction must be served on the tenant by anyone who is not part of the case 10-17 days prior to the hearing.

The petition for eviction and notice of petition may be served via one of the following methods:

  1. Giving them to the tenant in person
  2. Leaving them with someone who lives or works at the rental unit
  3. Posting the petition and notice in a conspicuous place OR under the “entrance door” of the rental unit

If the petition and notice of petition were left with someone other than the tenant, or posted on the rental premises, then a copy of both must also be mailed to the tenant via registered/certified mail AND via first class mail.

10-17 days. The petition and notice of petition must be served on the tenant 10-17 days prior to the hearing date.

Step 3: Court Hearing and Judgment

The hearing date is set at the time the landlord files their petition for eviction with the court. The hearing must be held 10-17 days after the petition is served on the tenant.

A tenant will not have an opportunity prior to the hearing to respond to the eviction (except evictions for nonpayment of rent) and must appear if they want to explain why they feel they should not be evicted.

Either party can request one 14 day adjournment (postponement).

If the tenant fails to appear for the hearing, the judge may make a ruling on the eviction that day.

NOTES
  • Evictions for nonpayment of rent. The tenant must respond to the petition within 10 days. A hearing will be set for 3-8 days after the response is received by the court. If there’s no response, the court may rule for the landlord. However, a tenant can pay rent in full any time prior to a hearing and the eviction will be stopped.
  • All other eviction types. If a tenant wants to contest (fight) the hearing, they must bring any documentation to the hearing that’s already scheduled, which is when the tenant can present reasons for why they shouldn’t be evicted, or for why there shouldn’t be a hearing in the first place.

If the judge rules in favor of the landlord, a writ of execution will be issued and the eviction process will continue.

10-17 days. The hearing must be held 10-17 days after the petition is served on the tenant.

Step 4: Writ of Execution Is Issued

The writ of execution is the tenant’s final notice to leave the rental unit, and gives them the opportunity to remove their belongings before they are forcibly removed from the rental unit.

If the court has ruled in the landlord’s favor, the landlord will ask the court to issue a writ of execution. This can be done at the hearing.

A few hours to a few days. The landlord must request the writ of execution, but it can be issued the same day as the hearing.

Step 5: Possession of Property is Returned

Tenants have 14 days after receiving the writ of execution to move out before they are forcibly removed from the rental unit, unless the eviction is for nonpayment of rent, in which case the tenant will only have ten days to move out.
However, if the tenant is being evicted for nonpayment of rent, and pays the rent amount in full prior to the end of 14th day, the eviction process will be stopped, and the tenant will be allowed to remain in the rental unit.

There are a few circumstances in which the court may grant a stay of execution, and allow the tenant more time in the rental unit before having to move out (but the tenant will still have to move out once the stay period expires):

  • Extreme hardship – this could include things like “serious ill health,” changing the school a child is enrolled in, and other family hardships a move would cause. The stay can be no longer than one year .
  • To cure a breach – if the eviction was for violation of the lease; the stay can be no longer than 30 days . If, at the end of the 30 day stay, the breach has been corrected, the tenant may remain in the rental unit and will not be evicted.

14 days. The tenant has 14 days once the writ of execution has been issued, unless the judicial officer grants a stay.

New York Eviction Process Timeline

Below is a summary of the aspects outside of the landlord’s control that dictate the amount of time it takes to evict a tenant in New York. With that being said, these estimates can vary greatly, and some time periods may not include weekends or legal holidays.

  1. Initial Notice Period – between 14 and 90 days, depending on the notice type and reason for eviction
  2. Issuance/Service of Summons and Petition – 10-17 days.
  3. Court Hearing and Ruling on the Eviction – Within the same 10-17 day period as step 2, more if a postponement is requested.
  4. Issuance of Writ of Execution – A few hours to a few days.
  5. Return of Possession – 14 days; longer if a stay is granted by the court.

Flowchart of New York Eviction Process

For additional questions about the eviction process in New York, please refer to the official state legislation, NY Real Prop Actions L §§701-768 and NY Real Prop L §§220-238-A, for more information.